74628 Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Proposed Rules 

and Conditions document. Consistent 

with applicable law and its own rules, 

the Bureau will not seek to disclose any 

test data that would conflict with 

consumers’ privacy interests. 

Request for Comments 

Comments are invited with respect to 

the proposed Policy and/or the related 

information collection effected by the 

application process for potential 

approval of a proposed trial disclosure 

program. All comments will become a 

matter of public record. 

Comments related to the proposed 

information collection will be 

summarized and/or included in the 

request for OMB approval. With respect 

to the information collection, comments 

are invited on: (a) Whether the 

collection of information is necessary 

for the proper performance of the 

functions of the Bureau, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

Bureau’s estimate of the burden of the 

collection of information, including the 

validity of the methodology and the 

assumptions used; (c) ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated, electronic, mechanical or 

other technological collection 

techniques or other forms of information 

technology, e.g., permitting electronic 

submission of responses. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

Dated: December 10, 2012. 

Garry Reeder, 

Chief of Staff, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2012–30159 Filed 12–14–12; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1227; Directorate 

Identifier 2012–NM–016–AD] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Embraer S.A. Model ERJ 190 airplanes. 

This proposed AD was prompted by 

reports of cracks on the side stay of the 

main landing gear (MLG). This proposed 

AD would require repetitive 

measurements of the left-hand (LH) and 

right-hand (RH) MLG side stay support 

fitting to detect bushing migration, 

replacement of the bushing if necessary, 

and eventual replacement of the 

bushing; a detailed inspection for 

damage on the LH and RH MLG side 

stay support assembly, and related 

investigative and corrective actions if 

necessary. We are proposing this AD to 

prevent excessive bearing friction, 

which might compromise the MLG free 

fall extension, and cause fatigue 

cracking on the MLG side stay and on 

its support assembly, resulting in 

reduced structural integrity of the MLG. 

DATES: We must receive comments on 

this proposed AD by January 31, 2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Embraer S.A., 

Technical Publications Section (PC 

060), Av. Brigadeiro Faria Lima, 2170— 

Putim—12227–901 Sa ̃o Jose dos 

Campos—SP—BRASIL; telephone +55 

12 3927–5852 or +55 12 3309–0732; fax 

+55 12 3927–7546; email 

distrib@embraer.com.br; Internet http:// 

www.flyembraer.com. You may review 

copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2768; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2012–1227; Directorate Identifier 

2012–NM–016–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directive 2012–01–01, 

effective January 28, 2012 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

This [ANAC] AD results from reports of 

cracks on the Main Landing Gear (MLG) Side 

Stay. Further investigation has revealed that 

the cracks were caused by excessive friction 

on the MLG Side Stay Support Fitting due to 

its outer bushing migration. This [ANAC] AD 

is being issued to prevent such excessive 

bearing friction which may compromise the 

MLG free fall extension and; cause fatigue 

cracks on the MLG Side Stay and on the MLG 

Side Stay Support Assembly resulting in 

reduced structural integrity of the MLG. 

* * * * * 

The required actions include repetitive 

measurements of the LH and RH MLG 

side stay support fitting to detect 

bushing migration, replacement the 

bushing if necessary, and eventual 

replacement of the bushing; a detailed 


pmangrum on DSK3VPTVN1PROD with 
Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Proposed Rules 74629 

inspection for damage on the LH and 

RH MLG side stay support assembly, 

and related investigative and corrective 

actions if necessary. The related 

investigative actions include a general 

visual inspection and an eddy current 

inspection for any cracking on the upper 

and lower side stays of the affected side 

stay support assembly. The corrective 

actions include replacing or repairing 

the MLG side stay or MLG side stay 

assembly, and removing corrosion. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Embraer S.A. has issued the following 

service information: 

• EMBRAER Service Bulletin 190– 

32–0043, Revision 02, dated August 23, 

2011. 

• EMBRAER Service Bulletin 190– 

57–0036, Revision 02, dated August 12, 

2011. 

• EMBRAER Service Bulletin 

190LIN–32–0017, dated June 10, 2011. 

• EMBRAER Service Bulletin 

190LIN–57–0016, dated June 10, 2011. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 97 products of U.S. registry. 

We also estimate that it would take 

about 44 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$362,780, or $3,740 per product. 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition actions 

specified in this proposed AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Embraer S.A.: Docket No. FAA–2012–1227; 

Directorate Identifier 2012–NM–016–AD. 

(a) Comments Due Date 

We must receive comments by January 31, 

2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Embraer S.A. Model 

ERJ 190–100 STD, –100 LR, –100 ECJ, and 

–100 IGW airplanes; and Model ERJ 190–200 

STD, –200 LR, and –200 IGW airplanes; 

certificated in any category; as identified in 

the service information specified in 

paragraphs (c)(1) and (c)(2) of this AD. 

(1) EMBRAER Service Bulletin 190–57– 

0036, Revision 02, dated August 12, 2011. 

(2) EMBRAER Service Bulletin 190LIN–57– 

0016, dated June 10, 2011. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 32, Landing gear. 

(e) Reason 

This AD was prompted by reports of cracks 

on the side stay of the main landing gear 

(MLG). We are issuing this AD to prevent 

excessive bearing friction, which might 

compromise the MLG free fall extension, and 

cause fatigue cracking on the MLG side stay 

and on its support assembly, resulting in 

reduced structural integrity of the MLG. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Measurement for Bushing Migration of 

the MLG Side Stay Support Fitting 

Within 100 flight cycles after the effective 

date of this AD: Measure the left-hand (LH) 

and right-hand (RH) MLG side stay support 

fitting to detect bushing migration, in 

accordance with Part I of the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 190–57–0036, Revision 02, 

dated August 12, 2011 (for Model ERJ 190– 

100 STD, –100 LR, and –100 IGW airplanes; 

and Model ERJ 190–200 STD, –200 LR, and 

–200 IGW airplanes); or EMBRAER Service 

Bulletin 190LIN–57–0016, dated June 10, 

2011 (Model ERJ 190–100 ECJ airplanes). 

(1) If the distance of bushing migration is 

less than 5 millimeters (mm), repeat the 

measurement required by paragraph (g) of 

this AD thereafter at intervals not to exceed 

100 flight cycles until the actions required by 

paragraph (h) of this AD are accomplished. 

(2) If the distance of bushing migration is 

equal to or more than 5 mm, before further 

flight, do the actions required by paragraph 

(h) of this AD. 

(h) Replacement of the MLG Side Stay 

Support Fitting Bushing 

Within 1,200 flight cycles after the 

effective date of this AD, except as specified 

by the compliance time in paragraph (g)(2) of 

this AD: Replace the LH and RH MLG side 

stay support fitting bushing, in accordance 

with Part II and Part III, respectively, of the 


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74630 Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Proposed Rules 

Accomplishment Instructions of EMBRAER 

Service Bulletin 190–57–0036, Revision 02, 

dated August 12, 2011 (Model ERJ 190–100 

STD, –100 LR, and –100 IGW airplanes; and 

Model ERJ 190–200 STD, –200 LR, and –200 

IGW airplanes); or EMBRAER Service 

Bulletin 190LIN–57–0016, dated June 10, 

2011 (Model ERJ 190–100 ECJ airplanes). 

Replacing the bushings terminates the 

repetitive measurements required by 

paragraph (g)(1) of this AD. 

(i) MLG Side Stay and MLG Side Stay 

Support Assembly Inspection and Repair 

At the applicable time specified in 

paragraph (i)(1), (i)(2), or (i)(3) of this AD: 

Perform a detailed inspection for damage on 

the LH and RH MLG side stay support 

assembly, and do all applicable related 

investigative and corrective actions, in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

190–32–0043, Revision 02, dated August 23, 

2011 (Model ERJ 190–100 STD, –100 LR, and 

–100 IGW airplanes; and Model ERJ 190–200 

STD, –200 LR, and –200 IGW airplanes); or 

EMBRAER Service Bulletin 190LIN–32–0017, 

dated June 10, 2011 (Model ERJ 190–100 ECJ 

airplanes). Do all applicable related 

investigative and corrective actions before 

further flight. 

(1) For airplanes on which the actions 

specified in Part II and Part III of EMBRAER 

Service Bulletin 190–57–0036, or EMBRAER 

Service Bulletin 190LIN–57–0016, have been 

done, as applicable, as of the effective date 

of this AD: Within 100 flight cycles after the 

effective date of this AD. 

(2) For airplanes on which the actions 

specified in EMBRAER Service Bulletin 190– 

57–0036, or EMBRAER Service Bulletin 

190LIN–57–0016, dated June 10, 2011, as 

applicable, have not been done as of the 

effective date of this AD; except for airplanes 

identified in paragraph (i)(3) of this AD: 

Within 1,200 flight cycles after the effective 

date of this AD. 

(3) For airplanes on which the actions 

specified in EMBRAER Service Bulletin 190– 

32–0043, dated March 1, 2011, have been 

done as the effective date of this AD, and a 

repair of the MLG side stay support assembly 

was done if damage was found: Within 600 

flight cycles after the effective date of this 

AD. 

(j) Credit for Previous Actions 

(1) This paragraph provides credit for the 

actions required by paragraphs (g) and (h) of 

this AD, if those actions were performed 

before the effective date of this AD using 

EMBRAER Service Bulletin 190–57–0036, 

dated September 20, 2010; or EMBRAER 

Service Bulletin 190–57–0036, Revision 01, 

dated February 28, 2011; which are not 

incorporated by reference in this AD. 

(2) This paragraph provides credit for the 

actions required by paragraph (i) of this AD, 

if those actions were performed before the 

effective date of this AD EMBRAER Service 

Bulletin 190–32–0043, Revision 01, dated 

April 29, 2011, which is not incorporated by 

reference in this AD. 

(k) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 227–2768; fax (425) 

227–1149. Information may be emailed to: 9– 

ANM–116–AMOC–REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(l) Special Flight Permits 

Special flight permits may be issued in 

accordance with sections 21.197 and 21.199 

of the Federal Aviation Regulations (14 CFR 

21.197 and 21.199) to operate the airplane to 

a location where the airplane can be 

modified (if the operator elects to do so), 

provided that it is not a revenue flight and 

it meets weight limitations requirements 

specified by the Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA. 

(m) Related Information 

(1) Refer to MCAI Brazilian Airworthiness 

Directive 2012–01–01, effective January 28, 

2012, and the service information specified 

in paragraphs (m)(1)(i) through (m)(1)(iv) of 

this AD, for related information. 

(i) EMBRAER Service Bulletin 190–32– 

0043, Revision 02, dated August 23, 2011. 

(ii) EMBRAER Service Bulletin 190–57– 

0036, Revision 02, dated August 12, 2011. 

(iii) EMBRAER Service Bulletin 190LIN– 

32–0017, dated June 10, 2011. 

(iv) EMBRAER Service Bulletin 190LIN– 

57–0016, dated June 10, 2011. 

(2) For service information identified in 

this AD, contact Embraer S.A., Technical 

Publications Section (PC 060), Av. Brigadeiro 

Faria Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; telephone 

+55 12 3927–5852 or +55 12 3309–0732; fax 

+55 12 3927–7546; email 

distrib@embraer.com.br; Internet http:// 

www.flyembraer.com. You may review copies 

of the referenced service information at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on 

December 6, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–30368 Filed 12–14–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 10 

[Docket No. USCG–2012–0734] 

Medical Waivers for Merchant Mariner 

Credential Applicants With AntiTachycardia Devices or Implantable 

Cardioverter Defibrillators 

AGENCY: Coast Guard, DHS. 

ACTION: Notice to reopen public 

comment period. 

SUMMARY: On September 7, 2012, the 

Coast Guard published a notice of 

proposed policy change and request for 

comments regarding criteria for granting 

medical waivers to mariners who have 

anti-tachycardia devices or implantable 

cardioverter defibrillators (ICDs). The 

public comment period for the notice 

expired on October 9, 2012. In today’s 

action, the Coast Guard is reopening the 

public comment period to provide 

additional time for interested parties to 

submit comments. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before January 16, 2013 or reach 

the Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–0734 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 


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